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Transfer of property act 58 (f)

(Querist) 13 March 2015 This query is : Resolved 
Respected Members i am a panel Advocate of Bank, I Want to Know about Equitable Mortgage.
1) Whether Property Out Side the Town Area can be mortgage by executing Equitable Mortgage.
2) Title Deed of Property is executed when property is agriculture land and Now land is converted in to Non Agriculture Purpose. Whether in that case equitable mortgage can be execute.
3) Please state exact legal position about Equitable Mortgage.
4) In Maharashtra which Town and Area said provision of act is applicable.
5) Whether it is required to take chain of documents to create equitable mortgage.
6) Chain of Documents means, Chain of Title Deeds or Other Documents.
Devajyoti Barman (Expert) 13 March 2015
1. No but refer to gazette notification.
2.Yes
3.read book
4.red book
5.yes
6.title deeds and other related documents.

You seem to be a very novice on this matter and you should have got empanelled after acquiring adequate knowledge on the subject.
Rajendra K Goyal (Expert) 14 March 2015
1. Property Out Side the Town Area can be mortgage through Equitable Mortgage but the title deeds are to be handed over only at notified center Branch of the Bank for valid mortgage.
2. The property can be mortgaged through equitable mortgage.
3. Academic query.
4. Confirm locally.
5 & 6. Better take all related documents.
Dr J C Vashista (Expert) 15 March 2015
Yes, the bank can mortgage (equitable) the property on original documents of its title.
T. Kalaiselvan, Advocate (Expert) 17 March 2015
Agreed with the vies and opinions of experts, especially to that of expert Mr. Devajyoti Barman. You should fully quip yourself with the legal knowledge about all such issues before or atleast now after being empaneled.
Abhijeet (Querist) 18 March 2015
Thank You Respected Members about your valuable Guidance.
I have good and basis knowledge about equitable mortgage but i want to clarify some queries in respect to equitable mortgage and considering the experience knowledge is a best knowledge, so i put my queries on the site, where experience professional is available. My queries are not legal its Technical. Overall your Guidance also helpful to me. So I Obliged to All of you for your valuable guidance.


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